Presidential Immunity Is Vital for an Effective Executive Branch

On April 25, the Supreme Court will hear arguments for and against former and perhaps future president Donald J. Trump's motion that he has absolute immunity from prosecution in the Washington, D.C., indictment brought by Special Counsel Jack Smith. Trump stands accused of conspiracy to defraud the United States, conspiracy to deny the right to vote, conspiracy to obstruct an official proceeding, and obstruction of an official proceeding in relation to the events of January 6, 2021.U.S.

There is also no constitutional provision for prosecuting high officials without the preliminary measure of impeachment, which is not time-limited to the official's tenure in office. Trump's second impeachment trial was held in February 2021, after he left office, as was the 1876 impeachment trial of War Secretary William W. Belknap, who had previously resigned but was then impeached and tried nevertheless.

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